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South Africa Case Law

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Competition Law [2023] ZACT 10

Nedbank Limited v Emling Properties Proprietary Limited (LM163Dec22)

Nedbank Limited v Emling Properties Proprietary Limited (LM163Dec22) [2023] ZACT 10 (30 March 2023)

The Competition Tribunal unconditionally approved Nedbank’s acquisition of a 30% stake in Emling Properties, finding no substantial competition or public-interest concerns.

  • Large Merger Notification
  • Market Share Analysis
  • Public Interest
  • Black Economic Empowerment
  • Employment Effects
  • Merger-control
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Competition Law [2023] ZACT 60

Super Group Holdings Proprietary Limited v RSC Consulting Services Proprietary Limited and Another (LM117Sep22)

Super Group Holdings Proprietary Limited v RSC Consulting Services Proprietary Limited and Another (LM117Sep22) [2023] ZACT 60 (26 January 2023)

The Competition Tribunal conditionally approved Super Group Holdings’ acquisition of RSC Consulting Services and Clean Tech 360, with ESOP and employment-related conditions.

  • Large Merger Notification
  • Portfolio Effects
  • Public Interest Conditions
  • Employee Stock Ownership Plan
  • Broad Based Black Economic Empowerment
  • Competition-law
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Competition Law [2018] ZACT 48

Barrick Gold Corporation v Randgold Resources Ltd (LM1930ct18)

Barrick Gold Corporation v Randgold Resources Ltd (LM1930ct18) [2018] ZACT 48 (16 November 2018)

The Competition Tribunal unconditionally approved Barrick Gold’s acquisition of Randgold, finding no substantial competition concerns or public interest problems.

  • Large Merger Notification
  • Market Share Analysis
  • Public Interest Assessment
  • Employment Effects
  • Competition-law
  • Merger-control
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Competition Law [2018] ZACT 43

Gutsche Family Investment (Pty) Ltd v Fairfield (Pty) Ltd (LM180Sep17)

Gutsche Family Investment (Pty) Ltd v Fairfield (Pty) Ltd (LM180Sep17) [2018] ZACT 43 (21 February 2018)

The Competition Tribunal conditionally approved Gutsche Family Investment’s acquisition of Fairfield, with merger-notification and employment conditions.

  • Large Merger Notification
  • Conditional Approval
  • Market Share Analysis
  • Employment Protection
  • Notification Thresholds
  • Conditional-merger-approval
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Competition Law [2018] ZACT 12

K2017235138 (South Africa) (Pty) Ltd v Old Mutual Plc (LM179Sep17)

K2017235138 (South Africa) (Pty) Ltd v Old Mutual Plc (LM179Sep17) [2018] ZACT 12; [2018] 1 CPLR 283 (CT) (26 January 2018)

The Tribunal approved Old Mutual’s internal restructuring merger, subject to conditions on black economic empowerment, employment, and enterprise development.

  • Large Merger Notification
  • Public Interest Conditions
  • Black Economic Empowerment
  • Enterprise Development
  • Employment Commitments
  • Merger-control
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Competition Law [2008] ZACT 86

Acucap Properties Ltd v Parkdev (Pty) Ltd (79/LM/Jul08)

Acucap Properties Ltd v Parkdev (Pty) Ltd (79/LM/Jul08) [2008] ZACT 86 (6 October 2008)

The Competition Tribunal approved Acucap’s acquisition of assets and shares in Sycom Fund from Parkdev, finding no substantial competition harm and no public interest concerns.

  • Large Merger Notification
  • Change Of Control
  • Market Share Analysis
  • Property Management Services
  • Asset Management Services
  • Competition-law
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Competition Law [2008] ZACT 14

Mergence Africa Property Investment Trust and Another and 8 Property Letting Enterprises held by ApexHi Properties Limited and Another (130/LM/NOV07,131/LM/NOV 07)

Mergence Africa Property Investment Trust and Another and 8 Property Letting Enterprises held by ApexHi Properties Limited and Another (130/LM/NOV07,131/LM/NOV 07) [2008] ZACT 14; [2008] 1 CPLR 121 (CT) (19 February 2008)

The Tribunal approved two simultaneous property mergers involving Mergence, Dipula and ApexHi, finding no material competition or public-interest concerns.

  • Large Merger Notification
  • Market Concentration
  • Public Interest
  • Black Empowerment
  • Property Portfolio Divestiture
  • Large-merger-notification
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Commercial And Corporate [2005] ZACT 80

ApexHi Properties Limited and Prima Property Trust (68/LM/Jul05)

ApexHi Properties Limited and Prima Property Trust (68/LM/Jul05) [2005] ZACT 80 (10 November 2005)

The Competition Tribunal approved the merger between ApexHi Properties Limited and Prima Property Trust, finding no basis on the record for anticompetitive effects or public interest concerns.

  • Large Merger Notification
  • Market Share Assessment
  • Control Definition
  • Conflict Of Interest
  • Public Interest
  • Property Sector Concentration
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Competition Law [2005] ZACT 28

Business Venture Investments 790 (Pty) Ltd and Afrox Healthcare Limited (105/LM/Dec05)

Business Venture Investments 790 (Pty) Ltd and Afrox Healthcare Limited (105/LM/Dec05) [2005] ZACT 28; [2005] 1 CPLR 192 (CT) (9 May 2005)

The Competition Tribunal conditionally approved Bidco’s acquisition of Afrox Healthcare, imposing divestiture, board-resignation, and future-notification conditions.

  • Large Merger Notification
  • Horizontal Overlap
  • Vertical Integration
  • Cross Holdings Divestiture
  • Public Interest Bee
  • Future Disposal Restrictions
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Competition Law [2004] ZACAC 5

Goldfields Ltd v Harmony Gold Mining Company Ltd and Another (43/CAC/Nov04)

Goldfields Ltd v Harmony Gold Mining Company Ltd and Another (43/CAC/Nov04) [2004] ZACAC 5 (26 November 2004)

The Court held that Harmony’s early settlement offer plus Norilsk’s undertaking could amount to a notifiable large merger and restrained voting before approval.

  • Large Merger Notification
  • Interim Interdict
  • Acquisition Of Control
  • Implementation Of Merger
  • Joint Control
  • Section 13a Competition Act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.